Aaron F. Barkoff submits: The U.S. Court of Appeals for the Federal Circuit held today (pdf file) that a patent term extension under 35 USC 156 may be applied to a patent subject to a terminal disclaimer under 35 USC 253, handing a victory to Merck (MRK) in its battle with Hi-Tech Pharmacal (HITK) over generic Trusopt (dorzolamide HCl opthalmic solution).
Thursday, March 29, 2007
Merck Wins Patent Extension Case
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